Tennessee Man Charged with Sexually Assaulting Victim Younger than 13 in Osceola County Found Not Guilty at Retrial

In November of 2013, 49-year-old Francis Mallo of Loudon, TN was charged with five counts of first-degree criminal sexual conduct in the alleged sexual assault of a female victim younger than 13 in Osceola Township.

According to news reports at Up North Live, Loudon turned himself in after driving from his home in Tennessee to Osceola County. The alleged sexual assaults occurred between 1990 and 1992; investigators began digging for information and evidence after receiving a tip regarding the alleged sexual assaults in 2013, and interviewed the victim (who would be in her 30s) at that time. They then contacted Mallo, who drove from Tennessee.

In 2014, Mallo went on trial on multiple sex crime charges in Osceola County, however a mistrial was declared after the jury became deadlocked. On May 26th of this year, Mallo was retried on the five charges of first-degree CSC involving someone under the age of 13. The court had set aside eight days for the trial; on June 3rd, after two days of deliberations, the jury found Mallo not guilty. The woman who claimed to have been sexually assaulted as a minor lived at Mallo’s foster home in Osceola County at the time.

Few details were revealed about the case, however had Mallo been found guilty he would have faced up to life in prison. First-degree criminal sexual conduct is the most serious of all sex crime charges, and involves penetration. Perhaps because the case was more than 20 years old, evidence necessary to find Mallo guilty had been lost. Perhaps, as in many cases, he was wrongfully accused of a heinous crime he did not commit. Either way, it is unfortunate that Mallo will likely live under a cloud of suspicion for the rest of his life, although he will remain a free man.

Sex crimes are extremely serious; anyone accused faces negative consequences, even when they are innocent. Accusations such as the above can ruin reputations and careers. If you have been accused of sexual assault, consult with an experienced and aggressive Michigan sex crimes attorney at once.